700-09 Photograph and Lineup Identification Procedures

Question 1

Administrator.

Answer 1

The employee charged with presenting the photo spread, live lineup, video lineup, or show-up to the witness.

Question 2

Blinded Administrator.

Answer 2

An administrator who may know the identity of the suspect, but does not know the suspect’s position in the photo spread, live lineup, or video lineup.

Question 3

Double-Blind Administrator.

Answer 3

An administrator who knows neither the suspect’s identity nor the suspect’s position in the photo spread, live lineup, or video lineup.

Question 4

Fillers.

Answer 4

The photographs used in a photo spread or the individuals used in a live lineup or video lineup whose race, sex, age, height, weight, hair style, and general appearance resemble the suspect

Question 5

Folder Method.

Answer 5

A photo spread within a folder or envelope that is given to the administrator for presentation to the witness.

Question 6

Live Lineup.

Answer 6

Also referred to as a lineup. The presentation of individuals to a witness for the purpose of identifying and eliminating suspects.

Question 7

Mock Lineup.

Answer 7

A lineup procedure that is conducted without the presence of witnesses. The lineup is video recorded so that it can be shown to a witness at a later time.

Question 8

Photo Spread.

Answer 8

Also referred to as a photo lineup. A collection of photographs including a suspect photograph and filler photographs that are placed in random order and shown to a witness for the purpose of identifying and eliminating suspects.

Question 9

Sequential Viewing.

Answer 9

An identification procedure in which photo spread photographs or lineup participants are shown one at a time to a witness. All photographs or lineup participants are shown to the witness even if an identification is made before all individuals are viewed.

Question 10

Show-up.

Answer 10

The presentation of a suspect to a witness within two hours following the commission of a crime for the purpose of identifying and eliminating suspects.

Question 11

Simultaneous Viewing.

Answer 11

An identification procedure in which photo spread photographs or lineup participants are shown all at once to a witness.

Question 12

Video Lineup.

Answer 12

A video recording of either a live lineup or a mock lineup.

Question 13

Viewing.

Answer 13

The viewing of a photo spread, live lineup, video lineup, or show-up by a witness.

Question 14

ADMONISHMENTS TO WITNESSES
Prior to a viewing for any photo spread, live lineup, video lineup, or show-up the administrator shall ____.

Prior to a viewing for any photo spread, live lineup, or video lineup, the administrator shall also have each witness complete the ____

In addition to the above, prior to any photo spread viewing, the administrator shall admonish each witness to ____

Answer 14

1) review the below admonishments with each witness
2) Witness Admonishment form.
3) remain in a position so that no one else including the administrator can see the photo spread

Question 15

PROCEDURES FOR A PHOTO SPREAD {PHOTO LINEUP)

Other than the assigned investigator or designee, all officers shall obtain authorization from the ____ prior to conducting a photo spread viewing.

Answer 15

concerned investigative division

Question 16

Photo Spread Composition

A photo spread should contain the suspect’s photograph plus a minimum of ____, whose
race, sex, age, height, weight, hair style, and general appearance resemble the suspect.

Officers shall create a consistent appearance between the suspect and the fillers with respect
to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by ____

Answer 16

1) five fillers

2) artificially adding or concealing that feature.

Question 17

Photo Spread Composition

Officers shall avoid using fillers who…

If possible, all photographs should be of the same type. No photograph type should stand out from the others and the photographs should be ____.

Answer 17

1) so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
2) reasonably contemporary

Question 18

Photo Spread Composition

The identity or identifying numbers (e.g., TDL, HPD, or SID) of all filler photographs shall be
known. If adequate identifiable fillers cannot be found, only a _____ may authorize the use of a photo spread that contains unknown filler photographs.

Answer 18

shift commander of the concerned investigative division

Question 19

Photo Spread Composition

The officer creating the photo spread shall use the same photographs to produce as many
additional photo spreads as needed for multiple witnesses. The photographs in each photo
spread shall be shuffled to ____.

Once assembled using the ____ method, the photo spread shall be given to an administrator
to be presented to the witness.

Answer 19

1) minimize the chances of the suspect’s photograph being in the same position in subsequent photo spreads
2) folder

Question 20

Photo Spread Composition

Photo spreads involving juvenile suspects are composed and conducted in the same manner as for adults. However, access to the _____ application is limited. Officers needing assistance with a juvenile photo spread should contact the Juvenile Crimes Unit of the Juvenile Division.

Answer 20

Juvenile Database within the DataWorks Plus

Question 21

Photo Spread Viewing

The viewing of a photo spread may be ____

Answer 21

video or audio recorded.

Question 22

Photo Spread Viewing

Photo spreads may be presented as either a ____ viewing or a ____ viewing.

A photo spread shall be shown to a witness by a double-blind administrator using the ____method.

If the identity of the suspect is widely known such that a double-blind administrator cannot be located, then a ____ shall present the photo spread. Officers shall document in the incident report the justification for not utilizing a double-blind administrator.

Answer 22

1) simultaneous
2) sequential
3) folder
4) blinded administrator

Question 23

Photo Spread Viewing

The administrator shall be in a position so that the administrator cannot ____.

Prior to the viewing, the administrator shall ____each witness

The administrator shall not make suggestive statements or gestures that may ____.

Answer 23

1) see the photographs while the witness views the photo spread
2) admonish
3) influence the judgment or perception of the witness

Question 24

Photo Spread Viewing

Each witness shall be presented the photo spread ____. The administrator shall instruct witnesses not to speak to or otherwise communicate with each other regarding the viewing.

Employees shall not provide any feedback regarding the ____

Answer 24

1) outside the presence of the other witnesses

2) viewing results to the witness.

Question 25

Photo Spread Viewing Following the viewing, the administrator shall ask the witnesses about their observations individually and outside the presence of the other witnesses. Each witness shall be asked if ____ Whether or not a witness answers in the affirmative, the witnesses shall be asked to describe in their own words ____.

Answer 25

1) any individual can be identified. | 2) how confident they are of the identification or lack thereof

Question 26

Photo Spread Viewing If a photo spread viewing results in a positive identification by a witness, the witness shall be asked to ____in a manner that shall not be seen by subsequent witnesses.

Answer 26

sign the photo spread or an acknowledgment confirming the results of the viewing

Question 27

Photo Spread Viewing All ____ shall be maintained as part of the case file.

Answer 27

photo spreads

Question 28

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP Rights of a Suspect A suspect has the right to be represented by an attorney at a live lineup to be viewed by a witness in the case in which ____. The suspect may waive the right to counsel by signing a written waiver. If a suspect in the above situation does not waive the right to counsel and he or she already has an attorney, the suspect shall be given ____ so that the attorney can attend the viewing. If a suspect in the above situation does not waive the right to counsel and he or she is not represented by an attorney, officers shall contact the ____ to allow the court to appoint an attorney prior to the live lineup viewing.

Answer 28

1) the suspect is charged 2) sufficient notice of the live lineup time and location 3) District Attorney's Office

Question 29

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP Rights of a Suspect An investigator does not have a legal obligation to provide an attorney for a suspect in a live lineup under either of the following circumstances: a. The suspect is not ____ b. The suspect was arrested on a ____

Answer 29

1) charged with committing a crime in the case involving a witness viewing the live lineup. 2) probable cause warrant (a.k.a. pocket warrant) and is placed in a live lineup.

Question 30

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP Rights of a Suspect An investigator does not have a legal obligation to provide an attorney for a suspect in a mock lineup for ____. Even if an investigator does not have a legal obligation to provide an attorney for a suspect, the suspect may still be allowed to make arrangements to have an attorney present for the ____. A suspect shall be given the option of arranging the order of individuals participating in the live lineup or mock lineup, including his or her position in the ____

Answer 30

1) video recording purposes 2) live lineup or mock lineup 3) live lineup or mock lineup

Question 31

Live Lineup and Mock Lineup Composition A live lineup or mock lineup should contain the suspect plus a minimum of ___ fillers, whose race, sex, age, height, weight, hair style, and general appearance resemble the suspect. Officers shall create a ____ between the suspect and the fillers with respect to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by artificially adding or concealing that feature. Officers shall avoid using fillers who so closely resemble the suspect that a person familiar with the suspect ____.

Answer 31

1) four 2) consistent appearance 3) might find it difficult to distinguish the suspect from the fillers

Question 32

Live Lineup and Mock Lineup Viewing Live lineups or mock lineups may be presented as either a ____ or a ____. Live lineups shall be conducted by a double-blind administrator. If the identity of the suspect is widely known such that a double-blind administrator cannot be located, then a ____ shall present the live lineup. Officers shall document in the incident report the justification for not utilizing a double-blind administrator.

Answer 32

1) simultaneous viewing 2) sequential viewing 3) blinded administrator

Question 33

Live Lineup and Mock Lineup Viewing Any instructions to the participants in a live lineup or mock lineup shall be given by ____ The participants in a live lineup or mock lineup may be asked to speak, repeat certain words, walk, turn, or make a gesture. Any conduct, gesture, or spoken words asked of one participant shall be ____

Answer 33

1) a single administrator. | 2) asked of each participant of the live lineup or mock lineup.

Question 34

Live Lineup and Mock Lineup Viewing Any objections to the procedure by the suspect's attorney or any changes that were made as a result of an objection shall be ____ Employees shall not ____ regarding the viewing results to the witness.

Answer 34

1) documented in the incident report. | 2) provide any feedback

Question 35

Live Lineup and Mock Lineup Viewing Following the viewing, the assigned investigator or designee shall ask the witnesses about their observations ____ Each witness shall be asked if any individual can be identified. Whether or not a witness answers in the affirmative, the witnesses shall be asked ____.

Answer 35

1) individually and outside the presence of the other witnesses. 2) to describe in their own words how confident they are of the identification or lack thereof

Question 36

Live Lineup and Mock Lineup Viewing If a live lineup viewing results in a positive identification by a witness, the witness shall be asked to _____. Whether a viewing results in a positive or negative identification by a witness, the _____shall be documented in the incident report.

Answer 36

1) sign an acknowledgment confirming the results in a manner that shall not be seen by subsequent witnesses 2) administrator's and investigators' observations including any statements, gestures, or reactions by the witness

Question 37

Live Lineup and Mock Lineup Viewing A juvenile may appear in a physical lineup for the purpose of identification. Due to a number of regulations and limitations, a juvenile lineup should only be considered ____. A juvenile lineup shall only be coordinated by the Juvenile Division.

Answer 37

under the most exigent circumstances

Question 38

PROCEDURES FOR A SHOW-UP (1/3) Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a show-up is utilized, the following procedures and restrictions must be followed: a. A show-up shall not be used more than ___ hours following the commission of the crime. b. The same suspect shall not be presented to the ____. c. Show-up suspects shall not be required to put on clothing worn by the perpetrator, to speak words uttered by the perpetrator, or to ___ d. Prior to the viewing, the administrator shall ___

Answer 38

1) two 2) same witness more than once 3) perform other actions of the perpetrator. 4) admonish each witness

Question 39

PROCEDURES FOR A SHOW-UP (2/3) Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a show-up is utilized, the following procedures and restrictions must be followed: e. The administrator shall not make ___ f. Multiple witnesses shall each be presented the suspect outside the presence of the other witnesses. Suspects shall be ___. g. If multiple witnesses are involved in a show-up procedure, the show-up procedure shall end ____. The contact information of all remaining witnesses shall be documented so a different identification procedure (i.e., photo spread, live lineup, or video lineup) can be subsequently conducted.

Answer 39

1) suggestive statements or gestures that may influence the judgment or perception of the witness. 2) presented individually to the witness and not as a group 3) once a witness positively identifies a suspect

Question 40

PROCEDURES FOR A SHOW-UP (3/3) Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a show-up is utilized, the following procedures and restrictions must be followed: h. The administrator shall not ____ i. Following each viewing, the administrator shall ask the witness about his or her observations individually and outside the presence of the other witnesses. Each witness shall be asked if any individual can be identified. Whether or not a witness answers in the affirmative, the witnesses shall be asked to ____ j. Whether a viewing results in a positive or negative identification by a witness, the administrator's observations including any statements, gestures, or reactions by the witness shall be ____

Answer 40

1) provide any feedback regarding the viewing results to the witness. 2) describe in their own words how confident they are of the identification or lack thereof. 3) documented in the incident report.

Question 41

SINGLE WITNESS IDENTIFICATIONS Situations may arise in which there is only a single witness who identifies a suspect and there is no corroborating evidence to link the identified suspect to the crime committed. All ____ must be investigated in an effort to ____ the single witness's identification of the suspect. Reviewing supervisors shall ensure these procedures are followed and documented in the incident report.

Answer 41

1) reasonable and practical leads | 2) corroborate or refute

Question 42

TRAINING Each ____ shall ensure their personnel receive training in the procedures outlined in this General Order.

Answer 42

division commander